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Home My WebLink About2011-01-05; Planning Commission; Resolution 67411 PLANNING COMMISSION RESOLUTION NO. 6741 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 10-11 TO DEMOLISH A 4 SINGLE FAMILY DWELLING AND ACCESSORY 5 STRUCTURES AND DEVELOP A TWELVE UNIT MULTI- FAMILY RESIDENTIAL AIR-SPACE CONDOMINIUM 6 PROJECT ON A .70-ACRE INFILL SITE GENERALLY LOCATED ON THE SOUTH SIDE OF TAMARACK AVENUE, 7 ADJACENT TO AND JUST WEST OF THE SAN DIEGO NORTHERN RAILWAY RIGHT-OF-WAY WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM 9 AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: SEABREEZE VILLAS 10 CASE NO.: CDP 10-11 WHEREAS, Tony Sfreddo, "Owner/Developer," has filed a verified application 12 with the City of Carlsbad regarding property described as 13 That portion of lot 6 in Block S of Palisades Number Two, in 14 the City of Carlsbad, County of San Diego, State of California, according to Map Thereof No. 1803, filed in the office of the County Recorder of San Diego County on August 25,1924 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Coastal18 in Development Permit as shown on Exhibits "A" - "N" dated January 5, 2011, on file in the 20 Planning Department, SEABREEZE VILLAS - CDP 10-11, as provided by Chapter 21 21.201.040 of the Carlsbad Municipal Code; and 22 WHEREAS, the Planning Commission did, on January 5, 2011, hold a duly 23 noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the CDP. 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Commission 3 APPROVES SEABREEZE VILLAS - CDP 10-11 based on the following findings and subject to the following conditions: Findings: 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the site is designated RH (15 -23 du/ac) for multi-family development by the Mello II LCP and the project consists of the 7 construction of 12 airspace condominium units at 17.1 du/acres on a .70 acre previously developed site; the development does not obstruct views of the coastline ° as seen from public lands or public rights-of-way or otherwise damage the visual beauty of the coastal zone; and no agricultural activities, sensitive resources, geological instability, flood hazard, or coastal access opportunities exist on the site. 10 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 11 of the Coastal Act in that that no coastal access areas or water oriented recreational activities exist on or near the site.12 . The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the 14 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff 15 Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, , 7 floods, or liquefaction. 4. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed 19 to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project Conditions; 22 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map recordation or issuance of grading permit, whichever occurs first. 23 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 25 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all 26 future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said „„ conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Coastal Development Permit. PCRESONO. 6741 -2- 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 2 and modifications to the Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. 3 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. r 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 6 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid 9 unless the City Council determines that the project without the condition complies with all requirements of law. 10 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and , 2 representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly 13 or indirectly, from (a) City's approval and issuance of this Coastal Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or 14 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the 15 facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's 17 approval is not validated. 1 O 6. This approval is granted subject to the approval of CT 10-01 and PUD 10-03 and is subject to all conditions contained in Planning Commission Resolutions No. 6740 and 6742 for those other approvals incorporated herein by reference. 20 7. This coastal development permit approval shall expire two years from the date on which the planning commission voted to approve this application unless extended per Section 22 21.201.210 of the Zoning Ordinance. 23 24 25 26 27 28 PCRESONO. 6741 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on January 5, 2011, by the following vote, to wit: AYES: NOES: Chairpeson L'Heureux, Commissioners Baker, Dominguez, Montgomery and Schumacher ABSENT: Commissioner Nygaard ABSTAIN: STEPHEN "HA>'"L''HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PCRESONO. 6741 -4-